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11-6.23   Responsibility for Area Surrounding Tracks and Rails.
   All persons, corporations, trusts, partnerships, governmental bodies, Boards, Commissions, Authorities, Agencies or bodies politic and corporate who occupy the public way with tracks or rails for any purpose, as a condition of such occupation, shall be responsible and liable for the maintenance and restoration of all pavement within 24 inches of outside rails, within the limits of the tracks itself and the area between two sets of tracks where two sets of tracks exist together. The above-mentioned parties shall maintain said areas and repair any defect in its entirety which lies wholly or in part in the said area. Defects shall include, but not be limited to: pot holes, chuckholes, frost heaves, cracking, spalling, settling, delaminating or patch repair. Repairs shall be made according to the specifications of the Public Works Department, city and at no cost to said city.
(Ord. 1983 c. 2; CBC 1985 11-6.23)
11-6.24   Indemnity for City; Tracks and Rails.
   (A)   The above-mentioned parties, as a condition of such occupation, shall forever indemnify and save harmless the city against all claims and demands of all persons for damages, costs, expenses or compensation for, on account of or in any way growing out of, or as the result of any surface defect occurring wholly or in part within the area described in Subsection 11-6.23.
   (B)   When the city, constructs or reconstructs, repairs or repaves the above-mentioned pavement, this action shall not abrogate the responsibility of the above-mentioned parties.
(Ord. 1983 c. 2; CBC 1985 11-6.24)
11-6.25   Capital Improvement.
   The above-mentioned parties are required to cooperate with any capital improvement desired by the city in that they must repave or reconstruct the above-mentioned areas, to Public Works Department standards, to ensure the overall continuity of the project.
(Ord. 1983 c. 2; CBC 1985 11-6.25)
11-6.26   Guards for Steps and Entrances.
   The Commissioner shall require every person who maintains an entrance on a level with or below, or a flight of steps descending immediately from or near, the line of the street, which is not otherwise safely guarded to the satisfaction of the Commissioner, to enclose such entrance or steps with a permanent iron railing on each side at least 3 feet high from the top of the sidewalk or pavement, and to provide the same with a gate opening inwardly, or with two iron chains across the entrance way, one near the top and the other half way from the ground to the top of the railing, and to keep such gates or chains closed during the night, unless the entrance or steps are sufficiently lighted to prevent accident.
(Rev. Ord. 1961 c. 21 § 19; CBC 1975 Ord. T11 § 168; CBC 1985 11-6.26)
11-6.27   Excavations Under Sidewalk.
   The Commissioner shall close and fill up, at the expense of the owner of the premises abutting on a sidewalk, any excavation under such sidewalk, whether constructed under a permit or not, which has not been closed and filled up within five days after the Public Improvement Commission has ordered the owner so to do.
(Ord. 1954 c. 2 § 52; Rev. Ord. 1961 c. 21 § 20; CBC 1975 Ord. T11 § 169; CBC 1985 11-6.27)
Cross-reference:
   Ord. ss 8-7.1; Statutes, Title 14 § 155
11-6.28   Record of Notices of Defects.
   The Commissioner shall keep a record of the notices of defects in streets sent to him or her, with the name of the person giving the notice and the time when given, and shall without delay cause the locality of the alleged defect to be examined, and, if the defect is of such a character as to endanger the safety of public travel, shall do whatever may be necessary to protect the public from injury by the defect, and shall cause it to be immediately repaired.
(Rev. Ord. 1961 c. 21 § 21; CBC 1975 Ord. T11 § 170; CBC 1985 11-6.28)
11-6.29   Water Supply.
   The Commissioner shall have the care and control of all property acquired or held by the city for the purposes of its water supply; shall maintain the same in good order and condition; shall use and operate the same and furnish all supplies required therefor; shall purchase, lay, maintain and test all meters, pipes and other fixtures and appliances necessary for supplying water to the inhabitants of the city, including the placing of drinking fountains and supplying the same with cold water; shall take all measures necessary to protect and preserve the purity of the water; shall exercise a constant supervision over the use of water; shall have control of the water supply and may in a public emergency shut the water off and let it on at such times as he or she deems necessary; shall, with the approval of the Mayor, from time to time determine and establish the rates for the use of water; shall, whenever a water rate has remained unpaid for 30 days after its due date, send notice to the owner or tenant of the premises to which the water is supplied, that the water rate has become a lien on the premises and that if the water rate continues to remain unpaid, the water will be shut off; shall, if a water rate is not paid within ten days after sending the notice herein provided for, shut off the water from the particular service unless such action is inconsistent with law or unless, in the opinion of a physician designated by the Commissioner, the shutting off of such water would endanger the life of any person; shall not let on again water shut off for nonpayment of a water rate until a service charge of $2, in addition to the amount of the unpaid account, is paid except where the law requires the letting on again of the water without the payment of the unpaid account. However, the Commissioner may, in his or her discretion, waive the payment of such $2 service charge where the unpaid account is less than $20. The provisions relative to the shutting off and letting on of water shall apply when two or more persons take water from the same service pipe although one or more may have been paid the amount due from him or them. No charge shall be made for sending the notice herein provided for.
(Ord. 1941 c. 6; Rev. Ord. 1961 c. 21 § 22; CBC 1975 Ord. Tl1 § 171; CBC 1985 11-6.29)
Editor’s note:
   The water works system and the sewer works system of the Department of Public Works were abolished and the duties transferred to the Boston Water and Sewer Commission by Ch. 436 of the Acts of 1977.
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